Madras High CourtWP(MD)/17477/2020disposed of

St. Marys Higher Secondary School, v. The Govt. Of Tamil Nadu

2023-02-08Honourable Mr Justice G.R.Swaminathan5 pages

1 W.P.(MD)NO.17477 OF 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT RESERVED ON : 03.11.2022 PRONOUNCED ON : 08.02.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.17477 of 2020 and W.M.P.(MD)No.14620 of 2020 St.Mary's Higher Secondary School, Rep. By the Correspondent, Uvari - 627 651, Tirunelveli District.

... Petitioner Vs.

1. The Government of Tamil Nadu, Rep. By its Principal Secretary, Department of School Education, Fort St. George, Chennai - 600 009.

2. The Director of School Education, DPI Campus, College Road, Chennai - 600 006.

3. The Chief Educational Officer, O/o.The Chief Educational Officer, Collector Office Campus, Kokkirakulam, Tirunelveli District - 627 009.

4. The District Educational Officer, O/o.The District Educational Officer, Vallioor - 627 117, Tirunelveli District.

... Respondents Prayer: Writ petition is filed under Article 226 of the 1/5

2 W.P.(MD)NO.17477 OF 2020 Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order dated 13.11.2018 in G.O.Ms.No.238 School Education (Pa.Ku.6(1)) Department on the file of the 1st respondent and the consequential impugned staff fixation for the year 2019-2020 dated 02.09.2020 in Na.Ka.No.302/AA3/2020 on the file of the 3rd respondent holding the 2 non teaching posts as surplus and quash the same directing the respondents to hold that the 2 non teaching posts are not surplus in the petitioner school.

For Petitioner : Mr.Father Xavier Arulraj, Senior counsel, for Mr.V.John Kennedy.

For Respondents : Mr.R.Baskaran, Additional Advocate General, assisted by, Mr.S.Shaji Bino, Special Government Pleader.

* * *

O R D E R

Heard the learned counsel on either side.

2. The writ petitioner is a minority institution. The petitioner challenges the validity of G.O.(Ms) No.238, School Education Department, dated 13.11.2018 and the 2/5

3 W.P.(MD)NO.17477 OF 2020 consequential staff fixation made by the Chief Educational Officer. Vide order dated 07.02.2023 made in W.P.(MD)No. 13428 of 2020, I upheld the validity of G.O.(Ms) No.238, dated 13.11.2018. I had also held that approval of appointments made prior to issuance of G.O.(Ms) No.238, dated 13.11.2018 will be considered on merits and in accordance with law without reference to the said Government Order. Any appointment made after issuance of G.O.(Ms) No.238, dated 13.11.2018 will be subject to the said Government Order.

3. This writ petition is disposed of on the same lines. No costs. Consequently, connected miscellaneous petition is closed.

08.02.2023 NCS : Yes / No Index : Yes / No Internet : Yes / No PMU 3/5

4 W.P.(MD)NO.17477 OF 2020 To:

1. The Principal Secretary, Department of School Education, Fort St. George, Chennai - 600 009.

2. The Director of School Education, DPI Campus, College Road, Chennai - 600 006.

3. The Chief Educational Officer, O/o.The Chief Educational Officer, Collector Office Campus, Kokkirakulam, Tirunelveli District - 627 009.

4. The District Educational Officer, O/o.The District Educational Officer, Vallioor - 627 117, Tirunelveli District.

4/5

5 W.P.(MD)NO.17477 OF 2020 G.R.SWAMINATHAN,J.

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